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미국 민사소송절차에서의 구술변론 관련법제와 실무운용
Law and Practice Concerning Oral Argument in The Federal Civil Procedure of the United States

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Authors
이우영
Issue Date
2006
Publisher
서울대학교 법학연구소
Citation
법학, Vol.47 No3 pp.329-357
Keywords
구술변론민사절차에서의 구술주의민사절차에서 구술변론의 기능 및 역할oral argumentorality in civil proceduremerits and functions of oral argument in civil procedure
Abstract
The Code of Civil Procedure of the Republic of Korea has adopted the
element of oral argument as the principal means of conducting civil proceedings
while simultaneously requiring the submission of written documents in various
phases and procedures. Until recently, such orality has not been implemented as
stated in the Code, in the actual practice. With the revision of the Code in
2002, however, as the revised Code has adopted the mechanisms assuring further
readiness of the parties prior to the court dates and enabling material arguments
and findings over the legal positions of the parties and the facts and evidence of
the case, oral argument has become an essential tool for conducting the civil
litigation in all applicable proceedings. This change has invited a new round of
discussions and debates both within and outside the South Korean legal
profession on the strengthened orality in the civil proceedings. The split of
positions largely between its redundancy repeating the previously stated facts and
arguments and its actual and symbolic legitimacy-enhancing role calls for a
further assessment of the functions of the oral element in the civil procedure and
the larger purpose it may attain in the nation's justice administration as a whole.
As a part of such effort, from the comparative perspective, this article analyzes
the characteristics of the orality in the civil procedure in the United States,
focusing on the relevant legal provisions and the actual practices mainly as
applicable to the federal civil trial under the Federal Rules of Civil Procedure.
The characteristics of the federal civil procedure of the United States from the
orality perspective include, first, a wide scope of discretion on the part of the...
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/9980
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 47, Number 1/4 (2006)
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